The Town Board of the Town of North Hempstead recognizes that discrimination,
harassment or retaliation in the workplace based on actual or perceived
differences, including those based on age, race, creed, religion,
color, sex, national origin, disability, marital status, ancestry,
citizenship, pregnancy, sexual orientation, gender or veteran status,
is obnoxious and harmful to its victims, creates an offensive working
condition and is a violation of law.

The Town Board of the Town of North Hempstead hereby finds and declares
that prejudice, intolerance, bigotry and discrimination, and disorder
occasioned thereby, threaten the rights and proper privileges of its
inhabitants and menace the institutions and foundation of a free democratic
state.

The purpose of this article is to protect every employee's right
to be free from discrimination, harassment or retaliation in the workplace.
Every Town employee is entitled to a working environment free from
discrimination, harassment or retaliation, and all Town personnel
and persons with whom the Town conducts business are hereby advised
that discrimination, harassment or retaliation will not be tolerated
within the workplace.

It shall be an unlawful discriminatory practice to refuse to hire
or employ or to bar or to discharge from employment, or refuse to
do business with, any person or to discriminate against any person
in compensation or in terms, conditions or privileges of employment
or the conduct of business because of the actual or perceived age,
race, creed, religion, color, sex, national origin, disability, marital
status, ancestry, citizenship, pregnancy, sexual orientation, gender
or veteran status of any person.

This article applies to employees of the Town of North Hempstead
and the Town of North Hempstead Solid Waste Management Authority and
all persons and entities with which the Town conducts business, e.g.,
outside vendors, consultants, members of the public, contractors.

Sexual harassment is a category of conduct prohibited by the
Town Code. Sexual harassment is defined as unwelcome sexual advances,
requests for sexual favors, or visual, verbal or physical conduct
of a sexual nature when:

Such conduct has the purpose or effect of interfering unreasonably
with the individual's work performance or creating an intimidating,
hostile or offensive work environment that is, or would be, offensive
to a person of reasonable sensitivity and sensibilities.

This definition includes many forms of offensive behavior. It
makes no difference if the harassment is "just joking" or "teasing"
or "playful." The following is a partial list of examples of sexually
harassing conduct:

Verbal conduct such as making or using derogatory comments;
sexual propositions, sexually explicit jokes or jokes concerning gender-specific
traits; sexually explicit comments about an individual's body or clothing;
comments about an individual's sexual desirability; sexually degrading
words to describe an individual; suggestive or obscene letters, notes
or invitations; or playing radio or television broadcasts in the workplace
that contain sexually suggestive or degrading conversation; or

It shall be unlawful to sexually harass any person, regardless
of sex or gender. Sexual harassment on the job is unlawful, whether
it involves co-worker harassment, harassment by a supervisor or member
of management, or harassment by persons doing business with or for
the Town.

Other forms of harassment. Prohibited harassment on the basis of
other protected class status includes behavior similar to sexual harassment.
It makes no difference if the harassment is "just joking" or "teasing"
or "playful." Following is a partial list of examples of harassing
conduct:

Verbal conduct based on membership in a protected class, such
as racial, ethnic or religious jokes, or derogatory comments, slurs,
innuendoes, epithets or threats (including those uttered over radio
or television broadcasts); or

An impairment of any system of the body, including, but not
limited to: the neurological system; the musculoskeletal system; the
special sense organs and respiratory organs, including, but not limited
to, speech organs; the cardiovascular system; the reproductive system;
the digestive and genito-urinary systems; the hemic and lymphatic
systems; the immunological systems; the skin; and the endocrine system;
or

In the case of alcoholism, drug addiction or other substance abuse,
the term "disability" shall only apply to a person who is recovering
or has recovered and currently is free of such abuse, and shall not
include an individual who is currently engaging in the illegal use
of drugs, when the covered entity acts on the basis of such use.

The term "gender" shall include actual or perceived sex and
shall also include a person's gender identity, self-image, appearance,
behavior or expression, whether or not that gender identity, self-image,
appearance, behavior or expression is different from that traditionally
associated with the legal sex assigned at birth.

It shall be an unlawful discriminatory practice for any person engaged in any activity to which this article applies to retaliate or discriminate in any manner against any person because such person has opposed any practice forbidden under this article, filed a complaint, testified or assisted in any proceeding under this article, or assisted in an investigation commenced pursuant to § 23-17.8 of this article. The retaliation or discrimination complained of under this section need not result in an ultimate action with respect to employment or the conduct of business; however, the retaliatory or discriminatory act or acts complained of must be reasonably likely to deter a person from engaging in protected activity.

Complaints of unlawful discrimination, harassment or retaliation
may be directed to the appropriate department head or in writing to
the Town Attorney or his/her designee. Complainants are encouraged
to consult initially with their respective department heads to attempt
informal resolution, but failure to do so will in no way limit the
right to utilize the Town grievance procedure initially or thereafter
if resolution cannot be accomplished through the department head.
Complaints made initially to the department head which are not informally
resolved to the satisfaction of the complainant shall be referred
to the Town Attorney. Complaints shall be made within one year after
occurrence of the alleged prohibited conduct.

The Town Attorney shall, in a timely manner, conduct an investigation
of the complaint, interviewing appropriate persons, examining relevant
records and consulting with and utilizing any appropriate Town staff.

The Supervisor may, but need not, adopt the Town Attorney's recommendation. The Supervisor may adopt the Town Attorney's recommendation of a finding that prohibited conduct has occurred and proceed under Subsection G of this section. The Supervisor may adopt the Town Attorney's recommendation of finding of no cause and issue a written determination dismissing the complaint.

Hearing. Upon adoption of the Town Attorney's recommendation to conduct
a formal hearing or upon written request of a party accompanied by
a showing of material facts in dispute, the Supervisor or his/her
designee shall conduct a formal hearing. Such hearing shall provide
a fair opportunity for parties and witnesses to be heard, shall be
conducted so as to do substantial justice between the parties according
to the rules of substantive law and shall not be bound by statutory
provisions or rules of practice, procedure, pleading or evidence.
At the conclusion of such hearing, the Supervisor or his/her designee
shall issue a written statement of findings of fact and conclusions
of law, including a determination as to whether or not prohibited
conduct has occurred.

Record. The record maintained with respect to each complaint of discrimination,
harassment or retaliation shall contain the written complaint; any
written statement produced during the investigation; the recommendation
of the Town Attorney; if a formal hearing is conducted, a record thereof
in a form determined by the Supervisor; the Supervisor's statement
of findings of fact and conclusion of law; and the Supervisor's written
determination. Such record shall be available to either party or the
designee thereof.

Discipline sanction. Conduct which is found to violate this article
shall be deemed a serious violation of Town policy and shall be the
basis for disciplinary action as set forth herein. The disciplinary
action shall be in accordance with a graduated schedule of penalties
and disciplinary actions to be assessed and instituted by the Supervisor
in accordance with the severity and/or repetitiveness of any finding
and determination of discrimination, harassment or retaliation and
shall include one or more of the following:

Should the procedures set forth herein be inconsistent with the disciplinary
procedures under a collective bargaining agreement in effect for the
Town, then any additional requirements provided for covered employees
in such collective bargaining agreement must also be satisfied.

The Town Board, by resolution, shall adopt a policy to be provided
to Town employees in order to ensure that all employees are informed
of the Town's Anti-Discrimination Law, to assist employees who complain
of prohibited conduct and to maintain in each office a working environment
free from discrimination, harassment and retaliation.

If any clause, sentence, paragraph, section, word or part of
this article is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this article but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this article
directly involved in the controversy in which judgment is rendered.